Opinion
November 12, 1999
Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Robbery, 3rd Degree.
PRESENT: GREEN, J. P., LAWTON, HAYES, HURLBUTT AND BALIO, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a guilty plea of robbery in the third degree (Penal Law § 160.05). The record establishes that defendant's waiver of the right to appeal was voluntary, knowing and intelligent (see, People v. DeJesus, 248 A.D.2d 1023, lv denied 92 N.Y.2d 879; People v. Zimmerman, 219 A.D.2d 848, lv denied 88 N.Y.2d 856). "Because Supreme Court did not advise defendant of the potential periods of incarceration, the waiver by defendant of the right to appeal does not encompass his challenge to the severity of the sentence" (People v. Wynn, 262 A.D.2d 1052 [decided June 18, 1999]; see, People v. Shea, 254 A.D.2d 512). The sentence is neither unduly harsh nor severe.